CHM 490 / 585

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CHM 490 / 585

• Patents

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"If there is something to be stolen, I steal
it"--Pablo Picasso
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Patents

• A contract with the government where in exchange
  for disclosing an invention to the public, the
  inventor is given exclusive rights for a period
  of 20 years from date of filing.

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Hatch-Waxman

• Because a drug patent (like other patents)
  expires in 20 years and typically 12 15 years
  are spent in the approval process, the patent
  life of a drug can be extended for a period of
  time not to exceed 5 additional years.
• Extended ½ day for each day the drug is in
  clinical trials

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Patents

• In the U.S., the first to invent is given the
  patent rights.
• This means proper use of a notebook and other
  documentation sometimes is critical for proving
  first to invent

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Bars to Patents

• If the invention is publicly disclosed more than
  1 year prior to filing, it may prevent obtaining
  a patent.
• Examples of public disclosure include journal
  articles, trade show exhibits, sale or offer to
  sell.

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3 Types of Patents

• Plant ( botanical)
• Design
• Utility
• Chemical patents are utility patents. May claim
  a chemical composition, a process, a combination,
  a method, etcetera

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Patentability

• Must be new
• Must be non obvious to one skilled in the art
• Must be useful

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• PPD acquired Eli Lilly patents for dapoxetine, a
  compound under development for genitourinary
  disorders for 65 million

CE News Jan 5, 2004
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• Eastman Kodak Co. ordered to pay judgment of
  873,158,971 for infringing Polaroid instant
  photography patents (1991).
• "Roche unit ordered to pay Igen 505 million for
  patent violations 400 million was punitive
  damages, 105 million compensatory. Igen also
  gained rights to a Roche diagnostic product line.
  ", Wall Street Journal, 11 Jan. 2002, B6

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• John Osher and three colleagues in 1999 invent a
  5 electric toothbrush. In 2001, they sell the
  rights to PG for 165 million upfront, plus
  future payments. In 2002, they settle for a final
  additional payment of 310,000,000.
• Business Week, 12 Aug 2002, 58

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Patents

• Are a good way to understand what research a
  company is doing since most major companies
  patent their important results.
• Patent searches are readily done

http//www.uspto.gov/patft/index.html
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Can Searchhttp//www.uspto.gov/patft/index.html

• By inventor (20 Einstein patents since 1976)
• By city (894 patents with Wilmington as inventor
  city and NC as inventor state)
• By assignee (gt 7,800 to Corning)
• By topic (699 patents from 1976- 2003 that have
  chiral in the title)

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Patents

• Provide best methods
• Synopsis of the art
• References
• Typically give experimental details

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Homework(due by next class)

• Read a recent patent by a chemical company that
  has a name beginning with the first letter of
  your last name (WXY use 2nd letter)
• Email me and attach 1 page word document with
• The patent number
• The name of the company
• Brief synopsis of the technology ( a paragraph)
• http//www.chem.com/directory/